Tag: Wrongful Death

  • Tiffany Hall Nursing Home May be Negligent in Allowing Pillow Smothering Attack on a 95-Year Old Patient

    Tiffany Hall Nursing Home May be Negligent in Allowing Pillow Smothering Attack on a 95-Year Old Patient

    [vc_row][vc_column][vc_column_text]On Sunday, January 5, a 95-year-old resident of the Tiffany Hall Nursing and Rehabilitation Center died after being attacked by an assailant who then fled the building.

    Port St. Lucie Police were contacted by staff at the Tiffany Hall Center shortly after midnight Sunday morning. Investigators say the attacker was only discovered because a nurse walked past the patient’s room. She saw a man sitting on the patient’s chest, holding a pillow over his head. The nurse immediately yelled for help, and another nurse rushed to call 911. Hearing the yelling, the attacker ran out of the facility at 1800 SE Hillmoor Drive, Port St. Lucie. The victim was pronounced dead.

    Port St. Lucie Police spokeswoman Sgt. Lisa Marie Carrasquillo said officers searched for the man, setting up a perimeter and using search dogs. The St. Lucie County Sheriff’s Office searched from the air, but the attacker is still at large. Unfortunately, investigators still don’t have a good description of the suspect. If anyone has any information related to this crime, please immediately call the Port St. Lucie Police Department at 772-871-5001 or Treasure Coast Crime Stoppers at 1-800-273-TIPS (8477).

    Tiffany Hall Nursing & Rehab - Driveway
    Tiffany Hall Nursing & Rehab Center — Photographed by LOCG on January 13th 2020

    Nursing Home Patients are Frequent Targets of Physical Abuse in Florida

    Sadly, it is not uncommon for elderly or disabled patients to be injured or even killed in nursing homes, due to abuse or neglect. If security at the facility is neglected, anyone can walk in and make their way to a patient’s room. In some cases, staff members abuse or harm residents as well. Florida has nearly 700 nursing homes, and one study found that more than 75 percent of nursing home residents in the state report they have been neglected or witnessed another patient suffer abuse in their facilities. Common results of abuse include bedsores, falls, and wrongful death.

    Another tragedy occurred in 2017, when eight nursing home residents died at The Rehabilitation Center at Hollywood Hills following Hurricane Irma and a subsequent loss of air conditioning. Although the center was belatedly evacuated, six more patients died in the following days. The Broward County Coroner ruled twelve of the deaths homicide.

    Hurricane Irma made landfall on September 10, 2017. Although the Rehabilitation Center did not lose power, their air conditioning system shut down. Staff distributed portable fans and other cooling units, but the residents soon started to show signs of distress as temperatures skyrocketed inside.

    After several days of intense heat in the building, more than 115 people were evacuated from the nursing home, some of them in critical condition. Three people were pronounced dead at the scene, another died during the evacuation, and four were pronounced dead at a hospital. The remaining six passed in the weeks after the evacuation. Days later, the facility’s license was suspended and it was closed down.

    In  2019, four employees of the facility were charged in nine of the deaths. All four employees, including the facility’s former chief administrator and three nurses, are charged with aggravated manslaughter of an elderly or disabled person. Two employees are also charged with falsifying reports. The defendants’ attorneys claim they tried to get help for patients but state officials ignored their requests for help. However, investigators say the nursing home delayed evacuation for several days, although there was a functional hospital right across the street.

    After the arrests were made, Hollywood Police Chief Chris O’Brien spoke at a press conference attended by several of the victims’ family members. “The families sitting here today should not have lost their loved once this way. They placed their faith and trust in the facility … and that trust was betrayed. They have been living an absolute nightmare.”

    How Tiffany Hall Nursing and Rehab Center Performs in Regulatory Reviews

    Tiffany Hall Nursing and Rehab Center in Port St. Lucie has received several deficiency reports since at least 2016, according to an analysis by ProPublica.org. There have been 18 documented deficiencies of care in inspection reports performed by the Department of Health & Human Services at the facility. The reports include deficiencies for food storage and preparation, pest control, bedsores prevention, and not keeping certain patient medications on hand.

    In October of 2019, a inspection visit from AHCA, the Agency for Health Care Administration for the State of Florida filed a detailed deficiency report that concluded Tiffany Hall was in violation of an important rule that requires all employees to undergo extensive background screening, including the recording of fingerprints. A review of human resources records revealed that at least one employee was not listen on the HR Clearinghouse Roster, which is the list of screened and approved employees.

    That employee, the report says, was already regularly working over 20 hours a week at the facility.

    Tiffany Hall Nursing & Rehab - Front Building
    Tiffany Hall Nursing & Rehab Center — Photographed by LOCG on January 13, 2020

    How to Ensure Your Family Members are Not Easy Targets for Abuse or Neglect As Patients in Nursing Homes

    It’s recommended that people concerned about family members who live in nursing or rehabilitation facilities visit often, on an unpredictable schedule, and look out for warning signs of abuse, which may include:

    • Unexplained signs of injury, such as bruises, welts, or scars, especially if they appear symmetrically on two sides of the body
    • Broken bones, sprains, or dislocations
    • A report of drug overdose or an apparent failure to take medication regularly (a prescription has more remaining than it should)
    • Broken eyeglasses or frames
    • Signs of being restrained, such as rope marks on wrists
    • Caregiver’s refusal to allow you to see the elder alone

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  • Volusia County Deputy Frank Scofield’s Family May Have a Case Against Man Who Ran Stop Sign

    Volusia County Deputy Frank Scofield’s Family May Have a Case Against Man Who Ran Stop Sign

    On Sunday morning, June 2, Volusia County Senior Deputy Frank Scofield, 58, was riding his bicycle in training for a memorial ride to honor 9/11 victims when a van ran a stop sign and hit him from behind. Sadly he later died of his injuries at a local hospital.

    Scofield was wearing a helmet at the time of the accident, and was training with a retired police officer from Daytona Beach. They were riding on County Road 415, near Pioneer Trail, when 75-year-old Lajos Toth of Lake Helen ran a stop sign. Toth was driving a van, and collided with Scofield’s bike so hard that it was ripped in half, according to Sheriff Mike Chitwood.

    “The impact was so incredible that it broke his bike in two and ripped his seat post off,” Chitwood said. He also told reporters that Toth was driving about 40 MPH, and the tragic accident caused Scofield a severe head injury he never recovered from.

    A Navy veteran, Scofield began working for the Sheriff’s Department in 1995. He was a firearms instructor and member of the dive team and marine unit.

    “When he shook your hand with those big hands of his, you knew he was your friend,” Chitwood said. “On the flip side of it, if you were breaking the law, you would also know he’s not the kind of guy you would want to come after you because he would come after you with everything that he had.”

    Chitwood added that Scofield was devoted to his community. Mr. Scofield leaves behind a wife, three children, several grandchildren, a sister and many cousins. His family may have a wrongful death claim to pursue under Florida’s established negligence laws for lost wages, funeral expenses, and pain and suffering.

    “He died doing what he loved,” Chitwood said. “He was passionate about doing the right thing and making a difference in this community – he was one of a kind.”

  • HART Bus Driver Stabbed to Death on Bus by Passenger Had Shared Safety Concerns Months Earlier

    HART Bus Driver Stabbed to Death on Bus by Passenger Had Shared Safety Concerns Months Earlier

    In May, 46-year-old HART bus driver Thomas Dunn was stabbed to death by a passenger on his bus. Graphic surveillance camera footage shows the tragic stabbing, after which the suspect left the bus. 35-year-old Justin McGriff was arrested shortly after the incident, initially on charges of resisting arrest without violence. After officers gathered evidence in the stabbing, McGriff was charged with first-degree murder. Dunn died at the scene of his injuries.

    One witness reported that he saw the assailant stab Dunn multiple times, as well as slashing his throat. In spite of his severe injuries, Dunn managed to pull the bus over safely.

    Dunn was an Air Force veteran and former long-haul truck driver, who reportedly chose a busy route because he loved people.

    “He loved people, and that’s one of our heaviest routes with the most people,” said Tisha Jones, a friend and fellow bus driver. “He was very thoughtful about the passengers he carried, he was thoughtful about the employees he worked with, and he loved his children. That’s all he would talk about, his children.”

    Since Dunn’s death, coworkers and other bus drivers in the Tampa Bay area have called for improved safety standards for drivers and other transit workers. It was revealed that five months before his death, Dunn complained to the HART board about a separate incident that occurred on his bus, saying he feared for his safety.

    “It seems to me admin is taking care of admin and not taking care of the folks at the wheel that actually make this company work,” he told board members at the time.

    Dunn’s father, Mike Dunn, said he felt mad that his son had inadequate protection at work. “Mad because he knew something like that was going to happen and they did nothing, and it happened,” he said. “They’ve got a lot of egg on their face. I don’t know what the solution is but that route he had, I think, was particularly dangerous, and they should have a guard on that bus.”

    The bus Dunn was killed on did not have a safety partition between the driver and passengers for protection. The day the State’s Attorney released photos of attack, Pinellas Suncoast Transit Authority and the Service Employee International Union agreed to install safety barriers for all 210 PSTA buses.

    There is a lesson in this awful tragedy for the Hillsborough Area Regional Transit Authority, the operator of the multi-county public transit system, and that is: Safety should always come first. This senseless crime and loss could have been avoided had the adequate safety precautions been put in place to protect the employees of HART.

    Now, the family of Mr. Dunn may have a substantial wrongful death claim against HART and the operators of the transit authority for negligent security for failing to provide and maintain basic safety standards to protect the lives of the bus operators. This is an area of law we are particularly proficient in.

  • Ormond Beach Resident Thomas Valley Killed in Motorcycle Collision with Car

    A collision between a motorcycle and car on Sunday afternoon proved deadly for the motorcycle rider, 75-year-old Thomas Valley of Ormond Beach.

    According to Florida Highway Patrol, the crash happened around 3:20 in the afternoon, on Country Road 455 and Cavallo Drive. Valley was headed south on his 2013 Honda motorcycle. Richard Powell, 40, was moving north in a 2012 Toyota Corrolla. For unknown reasons, Powell swerved to the right, then overcorrected into the southbound lanes, striking Valley’s motorcycle head-on. Valley was ejected from his bike, and later pronounced dead at the scene.

  • Miami Resident Armas Gallego Killed in Collision with 18-Wheeler

    On Thursday, April 25, Miami resident Armas Gallego died after his SUV collided with an 18-wheeler, got stuck under the truck, and was dragged without the truck driver even realizing a collision occurred.

    Gallego was driving a 2013 Nissan Rogue northbound on U.S. 27 around 5:51 in the morning. He was at Pines Road in Pembroke Pines when the 2012 Freightliner truck turned into the intersection. The Nissan struck the Freightliner and became stuck under the trailer. Unaware of the collision, the truck’s driver complete the turn and headed south. The truck was south of Pembroke Road in Miramar before the driver realized there was another vehicle stuck under the truck.

    Pembroke Pines Police responded to the accident, and Gallego was pronounced dead at the scene, says Sgt. John Baker.

  • Thomas Evans, Pedestrian, Killed by Motorist Trying to Avoid Site of Fatal Motorcycle-Truck Accident

    Two people are dead after a “chain reaction” crash on I-295 in Jacksonville, FL, Thursday night.

    State troopers say that around 10:40 PM, a motorcyclist, Emmanuel Luis Carmona, died after running into the back of a semi-truck. A second collision happened about two minutes later when Thomas Evans, 30, stopped his car and got out following the motorcycle accident. The driver of a Toyota Camry tried to avoid hitting the wrecked motorcycle and struck Evans. Both Evans and Carmona died at the scene. Neither driver was injured.

    If there was negligence on the part of one of the drivers or the auto manufacturer, Evans’ family may have grounds to move forward with a civil Wrongful Death case.

    The Law Offices of Craig Goldenfarb, P.A. is dedicated to protecting the rights of individuals and families that have suffered injuries due to the negligence of others. Our attorneys have more than 170 years of combined experience investigating and representing those who have suffered tragic loss or severe injuries.

    If you know a surviving family member of a person who was killed in an auto crash, please encourage them to give our firm a call immediately. The consultation is completely free, and there is no out-of-pocket cost to the family to hire us.

  • Two People Dead in Fiery Multi-Car Crash Caused by Semi Driver Rear-Ending Nissan

    A multi-car crash on US 27 in Lake County left two people dead on Friday afternoon, May 10.

    Florida Highway patrol says the driver of a semi truck failed to slow down and plowed into the back of a 2004 Nissan at US 27 and Lake Louisa Road. This led to a “domino effect,” when the Nissan was pushed into the back of a 2007 Ford pickup truck, which hit the back of a 2017 Ford SUV.

    The Nissan quickly caught on fire and was engulfed in flames when emergency services personnel arrived on the scene. Meanwhile, the semi overturn, sliding across the road and blocking the southbound lanes. The pickup truck and a 2019 Toyota both collided with the semi as well.

    The driver and passenger in the Nissan were both pronounced dead at the scene. People riding in the other vehicles were treated for minor injuries.

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  • High School Athletic Trainer Brian Smart Dies of Sudden Cardiac Arrest During Philadelphia 10-Mile Run

    Brian Smart, 24, a high school athletic trainer who trained and mentored young athletes, tragically died on Sunday, May 5, when he suffered a cardiac arrest during the Philadelphia 10-Mile Broad Street Race.

    Smart worked as an athletic trainer at the Darby Street School District. Coworkers say he was in excellent shape, and the heart attack was completely unexpected.

    “He was in great shape, was running at a good pace for the Broad Street Run. He wasn’t showing any signs of any laboring, from what I was told. Just a shock,” Frank Nunan, athletic director of the Upper Darby School District, told a local news station. The school district also put out a statement saying that Smart was beloved by students.

    Smart’s father also issued a statement through the school district, noting his son’s passion for teaching and working with students: “The world certainly lost a good one yesterday. Brian really enjoyed working in UD, working with you and the students of Upper Darby.”

    Sudden cardiac arrest is often surprising when it happens to someone young and athletic, like Smart. However, it can happen to anyone at any time. The last person to die in the Broad Street Race was a 29-year-old athlete who collapsed shortly after crossing the finish line in 2007. Having an AED defibrillator on hand at races can save a person’s life in the event of a cardiac arrest. If the race organizers were negligent in preparing for possible medical emergencies, Smart’s family may have a legal case for wrongful death.

  • Nicolas Reid, 22, Latest Driver Killed in Wrong-Way Florida Interstate Car Crash

    Early Friday morning, May 17, 22-year-old Nicolas Reid was killed in a tragic wrong-way car crash on I-95 near University Boulevard.

    Reid was a passenger in a Nissan Altima driven by 19-year-old Haven Vaughn. Florida Highway Patrol says the Nissan was traveling south in the left, northbound lane of I-95 when it struck a northbound Dodge Avenger. Vaughn and the driver of the Dodge, a 24-year-old man from Jacksonville, suffered only minor injuries. Reid, who was not wearing a seatbelt, died in the crash.

    Reid was the father of a 4-year-old daughter. His family members say he was a devoted father, a talented landscaper, and loved to fish.

    FHP says charges are pending in the accident. Meanwhile, wrong-way crashes are sadly not uncommon on Florida interstates. In 2015, there were 71 wrong-way crashes in Duval County alone, two of them fatal. The Florida Department of Transportation (FDOT) recently finished a $1.3 million project to improve wrong-way signage and pavement markings.

    “The signage includes more reflective tape on the wrong-way signs,” explained FDOT spokesperson Hampton Ray. “You may not think that it’s a fancy upgrade, but typically these occurrences happen at night and we want to make sure it’s as visible as possible and the drivers know when they are taking the wrong way.”

    FDOT adds that improvements were made to roughly 200 interstates and state roads, reminding drivers that if they see someone traveling the wrong way to pull over to a safe location and call 911.

    Troopers said they were working to figure out how Vaughn ended up driving the wrong way on the interstate despite concrete barriers. If there was negligence on the part of Vaughn or FDOT, Reid’s family could have cause for a wrongful death lawsuit.

  • Demossi Jared Weaver, 21, Killed in Hit-and-Run Accident on Old Highway 441

    On Friday morning, May 17, 21-year-old Demossi Jarod Weaver was hit by a truck, whose driver kept going and left the scene. Weaver was walking or standing just off Old Highway 441 when the accident happened near Harris Road around 5 AM. Troopers are now searching for the driver.

    Because the driver didn’t stop, Weaver didn’t receive any medical attention, and his body was found later by someone walking along the road. Weaver was pronounced dead at the scene, and troopers are now searching for the driver.

    Weaver’s brother told Spectrum News that the family is praying for answers.

    “I’m trying to do my best to hold my composure because I don’t want to let family and friends down. I don’t want to not be there for people but I lost someone who was there for me and someone I was there for and it’s just a lot of heartbreak, a lot of sadness,” said Roderick Weaver.

    Once the driver is found, Weaver’s family could have grounds for a wrongful death case against that person.